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NCT Delhi - Section

Section 5 in The Delhi Plastic Bag (Manufacture, Sale and Usage) and Non-Biodegradable Garbage (Control) Rules, 2002

5. Procedure for launching the prosecution.

(1)Any offence punishable under this Act may be compounded before the institution of prosecution. In case the amount of composition specified for compounding the offence is not deposited within a period of fifteen days from the date of issue of such demand with the respective compounding authority, then, the authorized officer shall make complaint before the Metropolitan Magistrate for trial of such offences committed by any person or local body.
(2)No Court shall take cognizance of any offence except on the complaint made by an officer specified under sub-rule (1) above.
(3)No separate notice or communication shall be issued to the offender before filing complaint in the court of Metropolitan Magistrate. Communication seeking willingness of the offender to get the offence compounded shall be treated as the opportunity before instituting the complaint before the Metropolitan Magistrate.The First Schedule[See Rules 2(c) and 4(1)]Fee to be paid by the applicant seeking authorization under Section 8 of the Delhi Plastic Bag (Manufacture, Sale and Usage) and Non-Biodegradable Garbage (Control) Act, 2000 (Delhi Act No. 6 of 2001)
Industrial Units having Paid up Capital/Capital Fees
1 Not exceeding Rs. 5,00,000 250.00
2 Between Rs. 5 lakh and Rs. 20 lakh 500.00
3 Between Rs. 20 lakh and Rs. 1 crore 1000.00
4 Exceeding Rs. 1 crore 2000.00
The Second Schedule[See Rule 2(b)]
SI. No.   Designation Functions  
1 Additional District Magistrate of each District. For all purposes under the Act.
2 Sub-Divisional Magistrate of respective sub-division of eachDistt. For all purposes under the Act.
3 AEE Incharge of the area of Delhi Pollution ControlCommittee. For the purposes of Chapter II and Chapter IV of the Act.
4 Junior Engineers (Civil) of respective PWD. For the purposes of Chapter III in their respective zones.
5 Junior Engineer (Civil) of the respective zones of DDA. For the purposes of Chapter III of the Act in theirrespective zones.
6 Sanitary Superintendent of Delhi Cantonment Board in respectof areas falling under Delhi Cantonment Board. For the purposes of Chapter III of the Act in theirrespective zones.
7 Chief Sanitary Inspector Incharge of the respective NDMCarea. For the purposes of Chapter III of the Act in theirrespective zones.
8 Chief Sanitary Inspector Incharge of the respective MCDarea. For the purposes of Chapter III of the Act in theirrespective zones.
Form 'A'(See sub-rules (1) of Rule 4)Application for seeking authorization for manufacture of Virgin and Re-cycled Plastic Bags for the purposes other than those mentioned in Section 3 of the Delhi Plastic Bags (Manufacture, Sale and Usage) and Non-Biodegradable Garbage (Control) Act, 2000 (Delhi Act No.6 of 2001)Dated:.......Form..........................ToThe Member-Secretary,Delhi Pollution Control Committee,